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ONE-E-WAY, INC. v. INTERN. TRADE COM'N

2016-2105.

859 F.3d 1059 (2017)

ONE-E-WAY, INC., Appellant v. INTERNATIONAL TRADE COMMISSION, Appellee Sony Corporation, Sony Corporation of America, Sony Electronics, Inc., BlueAnt Wireless Pty, Ltd., BlueAnt Wireless, Inc., Creative Technology Ltd., Creative Labs, Inc., GN Netcom A/S, Intervenors.

United States Court of Appeals, Federal Circuit.

Decided: June 12, 2017.

Attorney(s) appearing for the Case

DOUGLAS GLEN MUEHLHAUSER , Knobbe, Martens, Olson & Bear, LLP, Irvine, CA, argued for appellant. Also represented by CAMERON JAHANSOUZ , ALAN GRAYSON LAQUER , PAYSON J. LEMEILLEUR.

MEGAN MICHELE VALENTINE , Office of the General Counsel, United States International Trade Commission, Washington, DC, argued for appellee. Also represented by DOMINIC L. BIANCHI , WAYNE W. HERRINGTON.

JOHN FLOCK , Andrews Kurth Kenyon LLP, New York, NY, argued for all intervenors. Intervenors Sony Corporation, Sony Corporation of America, Sony Electronics, Inc., also represented by KSENIA TAKHISTOVA ; PAUL T. QUALEY , AIMEE NOELLE SOUCIE , Washington, DC.

DUANE H. MATHIOWETZ , LeClair Ryan, San Francisco, CA, for intervenors BlueAnt Wireless Pty, Ltd., BlueAnt Wireless, Inc. Also represented by PATRICIA LYNN PEDEN.

JONATHAN DANIEL BAKER , Farney Daniels PC, San Mateo, CA, for intervenors Creative Technology Ltd., Creative Labs, Inc. Also represented by MICHAEL D. SAUNDERS , GURTEJ SINGH.

WILLIAM B. NASH , Haynes and Boone LLP, San Antonio, TX, for intervenor GN Netcom A/S. Also represented by JASON WAYNE WHITNEY ; GLENN WESTREICH , San Jose, CA.

Dissenting opinion filed by Chief Judge Prost.

The International Trade Commission found the claim term "virtually free from interference" indefinite and invalidated the asserted claims of One-E-Way's patents. Because we conclude that the term "virtually free from interference," as properly interpreted in light of the specification and prosecution history, would inform a...

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